Tag Archives: bio-diversity

Biological Diversity

Bombay and Uttarakhand High Courts Clarify Points on Benefit Sharing under the Biological Diversity Act


Two recent orders from the High Courts of Bombay and Uttarakhand raise jurisdictional and substantive points relating to the benefit sharing mechanism provided for under the Biological Diversity Act, 2002 (‘BDA’) along with the Biodiversity Rules, 2004. Both cases discuss the alternative of taking the cases at hand to the National Green Tribunal (‘NGT’) instead, and examine its jurisdictional powers. Regular readers of the blog will recall our previous posts on the topic, but read here and here for some…


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Biological Diversity Patent

The Moo Point: Cows and Bulls lock horns with IPRs


The good old cow was mooing along and minding her business when suddenly the Narendra Modi government was elected and she was catapulted from minor celebrity status to headline grabbing stardom. Everyone wants to protect her; self-appointed cow vigilantes have cropped all over the country who have no qualms in committing murder in her name.  Prime minister Narendra Modi last week issued a statement condemning self styled cow protectors as “anti-social”. Recently a PIL was also filed in the Supreme…


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Patent

Spicy IP Fellowship 2016-17: Melancholy Melons-A Comment on the EPO’s Revocation of Monsanto’s Patent


In this post Divya Mirlay,examines the European Patent Office’s (“EPO“) recent revocation of a patent on virus resistant melons.  This is Divya’s second submission for the fellowship. Opponents of patents on conventional breeding have a lot to celebrate over the EPO’s recent revocation of Monsanto’s patent on virus-resistant melons. The results of the oral proceedings revealed that the revocation was based on two grounds: First, that there existed at least one ground for opposition which prejudiced the maintenance of the…


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